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No need to know Marathi for auto permits: Bombay High Court sets aside Maharashtra govt's order

The court asked the state to set up mechanism for auto commuters to complain about travel/driver problems within two months.

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Holding it illegal, the Bombay High Court has set aside a circular issued by the Maharashtra State Road Transport Department making it mandatory for auto drivers to know Marathi for securing permits for autos.

A division bench of Justice Abhay Oka and Justice Anuja Prabhudessai held the circular to have been issued without any support from the Motor Vehicle Act or other statutory rules. Accordingly, it said that those drivers who have applied for the permits would not be held ineligible because of not knowing the Marathi language.

It also directed the state government to, within two months, set up a grievance redressal mechanism for auto commuters who have been facing harrowing experience, be it denial of trips, unruly drivers. The court said that the government will have to set up such a mechanism through which commuters can complain either through WhatsApp messages or e-mails and local and nearby police stations are able to assist the complainants in short time.

On Tuesday, the court had questioned the circular by saying that the state should be more concern about the lack of safety measures in place for auto commuters, rather than imposing conditions on auto rickshaw drivers. The directions were given while disposing off a petition filed by the Mira Bhayander Auto Rickshaw Chalak Sangathan challenging a circular issued by the government to RTOs in 2016.

As per the circular from November 1, 2016, permits for new auto rickshaws will be given only to those applicants who can speak Marathi. Exception is to those who already have valid permits. The condition was imposed under the Maharashtra Motor Vehicles Rules. The bench has earlier said rules under the Motor Vehicle Act also imposes several other conditions, like the drivers cannot refuse any passengers and should behave in a decent and proper manner. “What about these conditions? Are they also strictly complied with? What should the state government’s priority be? Should emphasis be on protection to common man or knowledge of a language?" the court asked.

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